The Legal Rules of Music Sampling Flashcard

Front

What is the primary legal requirement for using a sample from an existing song in a new track?

Back

The artist must obtain permission from both the record label and the music publisher.

Front

What two licenses are typically required for legally clearing a sample?

Back

Master Recording and Composition licenses

Front

If an artist samples a song without permission, what legal consequence could they face?

Back

They could face lawsuits for copyright infringement

Front

Who owns the rights to the master recording of a song?

Back

The record label

Front

What does 'fair use' mean in music sampling?

Back

A legal doctrine allowing limited use of copyrighted material without permission in specific situations

Front

Why is it necessary to obtain permission from the music publisher when sampling a song?

Back

The music publisher owns the rights to the lyrics and musical composition

Front

What is an example of a song that legally samples another track? Options: "Ice Ice Baby" by Vanilla Ice (before legal action), "Uptown Funk" by Mark Ronson (without clearance), "Stronger" by Kanye West (with Daft Punk’s sample cleared), Any remix of a popular song uploaded to YouTube

Back

"Stronger" by Kanye West (with Daft Punk’s sample cleared)

Front

What is the main difference between interpolation and sampling?

Back

Sampling uses the actual audio recording, while interpolation recreates the melody or lyrics.

Front

If a producer wants to avoid the legal process of clearing a sample, what is the best alternative?

Back

Use royalty-free samples or create original sounds

Front

Why do some artists choose to sample music despite the legal risks?

Back

Sampling allows them to connect their music to past influences and attract listeners.